MA SURVEY

Tell us: the pubs code five years on

12-Jul-2021 - Last updated on 12-Jul-2021 at 09:07 GMT

Five years on: The Morning Advertiser has launched a survey to reflect on the five years since the pubs code came into force and the office of the pubs code adjudicator was established

As we approach the fifth anniversary of the establishment of the pubs code and the office of the pubs code adjudicator (PCA), The Morning Advertiser (MA) has launched a survey to reflect on the past five years.

With 21 July marking five years since the establishment of the office of the PCA and pubs code coming into force, The MA is asking operators to reflect on their experience of both the regulations and their interactions with the industry regulator.

You can take part in The MA’s survey here

Further reading from the PCA

'Knowing the pubs code will help tenants negotiate in this challenging time' – During this uniquely challenging time the financial stresses that Covid-19 has inflicted on tied tenants should not exacerbated by pubs code breaches by their pub-owning business. The industry should know I am watching this very closely.

Rents, Covid and the code – A top concern expressed by tenants since lockdown began has been their rent levels. They want to know what the Pubs Code and the PCA can do. I am pleased to have this opportunity to set out the position.

Compliance is not a choice – Those following The MA and national coverage of my investigation into Star Pubs and Bars will know that I found Star had committed twelve separate breaches of the pubs code, which they must now put right. I fined them £2m in respect of some of the most serious and repeated breaches.

Secretary of state has challenged me to ‘change how the PCA does business’ – The Government has this month published the first statutory review of the pubs code and the PCA.

‘Tied tenants are not yet fully accessing insurance price match rights’ – The pubs code is not just about market rent only. I want to highlight code rights relating to insurance which apply each time the pub company signs a new tenant or buys and charges a tied tenant for insurance for the pub.

How do pubs code rights apply when a pub is sold? – The pandemic is having an effect on many lives and businesses across the whole pub trade – one outcome of this could be pub acquisitions by investors with long-term confidence in the recovery of the sector.

MRO process ‘better than it was’ but far from perfect – The pubs code was introduced to ensure that tied tenants of the biggest pub companies get treated fairly and are no worse off than if they were free of tie.

How to ensure new tied tenants go in with their eyes wide open – The upheaval in the pub trade from the Covid-19 pandemic will undoubtedly lead to pubs changing hands.

'Outstanding rent assessments and MRO processes should be moving forward now' – As pubs are getting back to trading, now is the time when tied tenants of regulated pub companies may want to take professional advice.

Looking ahead: the post-Covid pubs code – The announcement that I would be the next PCA was made on 24 February 2020. The first lockdown came just three weeks later.

‘When a pub company is not transparent, tenants’ interests may be at risk’ – Achieving a culture of fairness through transparency by pub companies towards their tied tenants is central to the change in the sector the pubs code was created to secure.